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Decision No. 666-R-1997

November 25, 1997

November 25, 1997

APPLICATION by British Yukon Railway Company Limited pursuant to section 93 of the Canada Transportation Act, S.C., 1996, c. 10, for a variance to Certificate No. 97023 to reflect the continuance of the British Yukon Railway Company as BYR Canada Limited under the Canada Business Corporations Act and the proposed sale of that company's rail operating assets to British Yukon Railway Company Limited.

File No. R 8005/B2

British Yukon Railway Company Limited has applied to the Canadian Transportation Agency (hereinafter the Agency) for the variance set out in the title. The application was received on November 12, 1997.

Certificate No. 97023 issued to the Pacific and Arctic Railway and Navigation Company, the British Columbia Yukon Railway Company and the British Yukon Railway Company, all carrying on business as the White Pass & Yukon Route, on June 30, 1997, permits them to operate a railway between White Pass Summit, British Columbia, and Whitehorse, Yukon Territory.

The proposed variance to the certificate of fitness is requested as a result of the continuation of the British Yukon Railway Company as BYR Canada Limited pursuant to the provisions of the Canada Business Corporations Act.

The Agency notes that British Yukon Railway Company Limited is a newly formed company which proposes to acquire all the rail operating assets of BYR Canada Limited and to operate those assets as a railway in conjunction with the Pacific and Arctic Railway and Navigation Company and British Columbia Yukon Railway Company Limited.

The Agency has reviewed the information filed in support of this application and is satisfied that there will be adequate third party liability insurance coverage, including self-insurance, for the proposed railway operation.

Accordingly, the Agency, pursuant to subsection 93(1) of the Canada Transportation Act, will issue a new certificate of fitness to the Pacific and Arctic Railway and Navigation Company, the British Columbia Yukon Railway Company and British Yukon Railway Company Limited, carrying on business as or proposing to carry on business as the White Pass & Yukon Route, in replacement of Certificate No. 97023 dated June 30, 1997.